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McNARY v. REEVES

No. 8007.

461 S.W.2d 127 (1970)

Beulah Smith McNARY et al., Appellants, v. Jack REEVES, Individually and d/b/a Mobil Oil Station, et al., Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied December 22, 1970.

Attorney(s) appearing for the Case

L. F. Burke, Longview, for appellants.

Earl Roberts, Jr., John M. Smith, Smead, Roberts, Harbour, Smith, Harris, French & Parker, Longview, for appellees.

CHADICK, Chief Justice.

On September 16, 1968, Jack Reeves began construction of an automobile service station on a 1.077 acre tract of land in the Isaac Skillern Survey of Gregg County, Texas. The structure erected extended well into and occupied a significant portion of a vehicle passageway approximately 25 feet wide along the north side of the 1.077 acre tract. Beulah McNary, in her own behalf "and for the general public similarly situated", instituted a lawsuit...

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